People v. Watson

215 A.D.2d 132, 625 N.Y.S.2d 910, 1995 N.Y. App. Div. LEXIS 4765

Opinion

Judgment, Supreme Court, Bronx County (Frank Torres, J.), rendered December 23, 1992, convicting defendant, after a jury trial, of attempted robbery in the second degree, and sentencing him, as a persistent violent felony offender, to a term of 10 years to life, unanimously affirmed.

Defendant’s brief detention in the vicinity of the crime scene for the purpose of a showup identification by the victim was supported by reasonable suspicion that defendant had committed the attempted robbery the victim had reported to the police only moments before (People v Hicks, 68 NY2d 234), and probable cause for arrest existed once the victim made the identification (People v Miller, 194 AD2d 506, Iv denied 82 NY2d 928). Defendant’s claims of prosecutorial misconduct in examining a defense witness and failing to furnish Rosario material are not preserved for appellate review as a matter of law (People v Rosado, 191 AD2d 255, Iv denied 81 NY2d 1019; People v Laguer, 195 AD2d 483, Iv denied 82 NY2d 756), and in any event are without merit (see, Richardson, Evidence § 485 [Prince 10th ed]; People v Boisseau, 193 AD2d 517, Iv denied 81 NY2d 1070), as are his other contentions. Concur— Murphy, P. J., Wallach, Kupferman and Williams, JJ.